Prices Justification Regulations

Legislation au C1973L00131 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 131

REGULATIONS UNDER THE PRICES JUSTIFICATION ACT 1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Prices Justification Act 1973.

Dated this fourth day of July, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

E. G. WHITLAM

Prime Minister.

 

PRICES JUSTIFICATION REGULATIONS

Citation.

1. These Regulations may be cited as the Prices Justification Regulations.

Definition.

2. In these Regulations, “the Act” means the Prices Justification Act 1973.

Remuneration and annual allowance of Chairman.

3. Subject to sub-section 8 (3) of the Act, there is payable to the Chairman who is a Judge, in addition to the remuneration and annual allowance payable to him as a Judge, remuneration at the rate of Two thousand two hundred dollars per year and an annual allowance at the rate of Five hundred dollars per year.

Remuneration of members other than Chairman.

4. (1).In respect of any period of office before 1st January, 1974, the rate of remuneration payable to a member, other than a Judge, is—

(a) in the case of the Deputy Chairman—Twenty thousand five hundred and two dollars per year;

(b) in the case of a full-time member—Nineteen thousand one hundred and forty-eight dollars per year; and

(c) in the case of a part-time member—Two thousand six hundred dollars per year.

(2) In addition to the remuneration referred to in paragraph (1) (c), there is payable to a part-time member an allowance at the rate of Thirty-five dollars for each day on which he attends a meeting.

Travelling allowance of members.

5. (1) Subject to sub-regulation (2), where a member of the Tribunal (other than a Judge) is, in the course of performing his duties, necessarily absent overnight from the city in which he normally resides, travelling allowance is payable to him at the rate of Twenty-five dollars per day.

 

* Notified in the Australian Government Gazette on 5 July 1973.


(2) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.

Giving of a notice to the Tribunal.

6. A notice in writing that is required or permitted by or under section 18 of the Act to be given to the Tribunal, shall be given by delivering the notice to a member of the staff assisting the Tribunal in attendance at the office of the Tribunal situated at 4 Treasury Place, East Melbourne, Victoria, at a time when that office is open for business.

Hours of business of Tribunal.

7. The office of the Tribunal shall be open for business on every day, other than a Saturday or a Sunday or a day that is observed as a holiday in the Commonwealth Service by virtue of section 76 of the Public Service Act 1922-1973 in the place where the office is situated, from half past nine o’clock in the morning until one o’clock in the afternoon and from two o’clock in the afternoon until half past four o’clock in the afternoon.

Summons to witness.

8. (1) A summons to a witness under sub-section 24(2) of the Act may be in accordance with Form 1 in Schedule 1.

(2) A summons under sub-section 24 (2) of the Act may be served on a person by—

(a) delivering a copy of the summons to the person personally; and

(b) showing the summons to the person at the time at which the copy is delivered to him.

Allowances to witnesses.

9. A witness summoned under sub-section 24 (2) of the Act to appear at an enquiry shall be paid such allowances for his travelling and other expenses as the Chairman allows in accordance with the scale in Schedule 2.

 


SCHEDULE 1

Form 1 Regulation 8

Prices Justification Act 1973

PRICES JUSTIFICATION TRIBUNAL

Summons to Witness

[Name of Inquiry]

TO (full name and address of witness)

You are hereby summoned to attend before the Prices Justification Tribunal, at (place)

, at on the day of

 19 and thereafter from day to day until the hearing of the abovementioned Inquiry is completed or until you are excused from further attendance,* to give evidence on behalf of (name of party)

*You are required to bring with you and produce the following books, documents and things:—

(List items required)

Dated this day of 19 .

Member of Tribunal

*Strike out if not applicable

 

SCHEDULE 2 Regulation 9

Witnesses’ Allowances for Travelling and other Expenses

1. A witness summoned, because of his professional, scientific or other special skill or knowledge, under the Act to appear at an enquiry before the Tribunal shall be paid an allowance of not less than Ten Dollars fifty cents, or more than Fifty-two dollars fifty cents, for each day on which he so appears.

2. A witness, other than a witness referred to in Item 1 of this Schedule, summoned under the Act to appear at an inquiry before the Tribunal shall be paid—

(a) if he is remunerated by wages, salary or fees—

(i) an allowance equal to the amount of wages, salary or fees lost by him by reason of his so appearing; or

(ii) an allowance of Sixteen dollars for each day on which he so appears,

whichever is the less; or

(b) if he is not so remunerated—an allowance of Six dollars for each day on which he so appears,

3. A witness appearing before the Tribunal to give expert evidence shall be paid, in addition to any other allowance payable to him under Item 1 or 2 of this Schedule, a reasonable amount for qualifying to give that evidence.

4. A witness summoned under the Act to appear at an inquiry before the Tribunal to give evidence shall be paid a reasonable amount—

(a) in respect of his conveyance to and from the place at which he so attends; and

(b) if he is required to be absent overnight from his usual place of residence—for meals and accommodation.

Overview

The Prices Justification Regulations 1973 were enacted under the Prices Justification Act 1973 to address the need for regulatory oversight on price increases that were deemed excessive or unjustifiable, thereby protecting consumers and ensuring fair market practices. This legislation was introduced in response to economic pressures and the need to control inflation during a period of significant economic uncertainty. The regulations were made by the Governor-General of Australia, acting on the advice of the Executive Council, and were subsequently notified in the Australian Government Gazette on 5 July 1973. The overarching policy objective of these regulations was to provide a framework for the Prices Justification Tribunal to review and justify significant price increases, ensuring that such increases were not excessive and were justifiable in the public interest. These regulations establish the operational details of the Tribunal, including the remuneration for its members, allowances for witnesses, and the process for summoning witnesses to appear before the Tribunal.

Scope and Application

The Prices Justification Regulations, 1973, are subordinate legislation made under the Prices Justification Act 1973, which applies across the Commonwealth of Australia. These Regulations primarily focus on the administration and operational aspects of the Prices Justification Tribunal, which is responsible for justifying prices in certain industries and transactions as required by the Act. The Regulations provide detailed provisions on the remuneration and allowances for the Chairman and members of the Tribunal, as well as the allowances for witnesses who appear before the Tribunal. Additionally, they outline the procedures for giving notices to the Tribunal, the hours during which the Tribunal's office is open for business, and the manner in which summonses to witnesses should be issued and served. These Regulations extend the application of the Act by providing specific rules and allowances that facilitate the functioning of the Tribunal, ensuring that it can effectively carry out its duties as mandated by the overarching legislation.

Key Provisions

The Prices Justification Regulations, made under the Prices Justification Act 1973, establish various provisions for the remuneration and allowances of the Tribunal members and witnesses, as well as the procedural aspects of giving notices to the Tribunal and summoning witnesses (Regulation 1-9). Regulation 3 specifies that the Chairman, who is a Judge, is entitled to remuneration of $2,200 per year, in addition to their judicial remuneration and allowance of $500 per year. Regulation 4 outlines the remuneration for other members of the Tribunal based on their roles and whether they serve full-time or part-time. Specifically, the Deputy Chairman is paid $20,500 per year, full-time members receive $19,148 per year, and part-time members receive $2,600 per year. Furthermore, part-time members are eligible for a daily attendance allowance of $35. Regulation 5 allows for a travel allowance of $25 per day for members who are required to be absent overnight from their usual place of residence while performing their duties. These financial provisions ensure that the members are adequately compensated for their services. The Regulations impose certain obligations and requirements on the Tribunal and its members. Regulation 6 mandates that any notice required or permitted by the Act must be delivered to a member of the Tribunal's staff at the office located at 4 Treasury Place, East Melbourne, during office hours. Regulation 7 specifies the office hours of the Tribunal, which are from 9:30 am to 1:00 pm and 2:00 pm to 4:30 pm, excluding Saturdays, Sundays, and public holidays. Regulation 8 details the format and service of a summons to a witness, stipulating that it can be delivered personally or shown to the person at the time of delivery. These obligations ensure the smooth functioning of the Tribunal and adherence to formal procedures. The Regulations establish potential consequences for non-compliance. While specific offences and penalties are not detailed in the provided text, it can be inferred that failure to adhere to the stipulated procedures, such as not delivering notices as required or not complying with summons, could result in legal repercussions. The Act itself may provide for penalties for non-compliance, although these are not explicitly mentioned in the Regulations. The enforcement of these provisions would likely rely on the overarching provisions of the Prices Justification Act 1973, which could include fines or other civil or criminal penalties for breaches.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.